Simms v. Miears

Defendant in error Miears brought this suit for partition of three certain tracts of land in Caldwell county against E. V. Simms, D. C. Simms, Matthew Simms, Vinie Simms, Nathaniel Simms, Lee .Simms, and Ida and Henrietta Petty, the last two of whom are minors, making the usual allegations necessary in such suits. At a former term of the court defendant in error acquired by purchase at a foreclosure sale the interest of E. V. Simms in said land.

None of the plaintiffs in error (defendants below) having answered, judgment went against them by default; and the court having found that the land…